[Federal Register Volume 59, Number 203 (Friday, October 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-26193]
[[Page Unknown]]
[Federal Register: October 21, 1994]
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DEPARTMENT OF COMMERCE
50 CFR Part 640
[Docket No. 941090-4290; I.D. 081194A]
RIN 0648-AH27
Spiny Lobster Fishery of the Gulf of Mexico and South Atlantic
AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA), Commerce.
ACTION: Final rule.
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SUMMARY: NMFS publishes this final rule to amend the regulations
implementing the Fishery Management Plan for the Spiny Lobster Fishery
of the Gulf of Mexico and South Atlantic (FMP) to remove the
requirement for Federal vessel permits in the commercial spiny lobster
fishery in the exclusive economic zone (EEZ) off Florida, make
technical corrections and revisions, and add a prohibition against
making false statements to authorized officers. The intended effect of
this final rule is to relieve a restriction in the fishery and to
facilitate enforcement.
EFFECTIVE DATE: October 18, 1994.
ADDRESSES: Copies of documents supporting this action may be obtained
from the Gulf of Mexico Fishery Management Council, 5401 West Kennedy
Boulevard, Suite 331, Tampa, FL 33609.
FOR FURTHER INFORMATION CONTACT: Georgia Cranmore, 813-570-5305.
SUPPLEMENTARY INFORMATION: The spiny lobster fishery is managed under
the FMP. The FMP was prepared by the Gulf of Mexico and South Atlantic
Fishery Management Councils (Councils) and is implemented through
regulations at 50 CFR part 640 under the authority of the Magnuson
Fishery Conservation and Management Act.
NMFS published proposed and final rules on July 24, 1992 (57 FR
32956) and November 30, 1992 (57 FR 56516), respectively, to amend the
regulations that implement the FMP (regulatory amendment). The
regulatory amendment, among other things, adopted in the EEZ off
Florida, Florida's spiny lobster trap certificate, trap reduction, and
trap identification programs. The regulatory amendment was initiated by
the Councils under the FMP's framework procedure for implementing
specified gear and harvest restrictions, and included a provision to
discontinue the issuance of Federal commercial permits for spiny
lobster in the EEZ off Florida when Florida's trap certificate, and
identification programs were in place and when Florida designated spiny
lobster as a restricted species, thus limiting the sellers of spiny
lobster to individuals who have restricted species endorsements on
their Florida saltwater products licenses. Florida's trap certificate
and identification programs were implemented July 1, 1993, and spiny
lobster was designated a restricted species August 1, 1994. The
conditions of the regulatory amendment for discontinuing the
requirement for Federal vessel permits for commercial spiny lobster
fishing in the EEZ off Florida have been met, and continuation of such
requirement would constitute an unnecessary expense to fishermen and
NMFS. Accordingly, this final rule eliminates that requirement.
The Federal commercial vessel permit requirement remains in effect
for the EEZ other than off Florida. The requirement for a Federal tail-
separation authorization in order to possess a separated spiny lobster
tail in or from the EEZ remains in effect both off Florida and
elsewhere. Since possession of spiny lobster tails may be authorized in
some instances when a commercial vessel permit has not been issued,
and, since without a permit there would be nothing to endorse, this
final rule changes the ``tail-separation endorsement,'' requirement in
the present regulations to a ``tail-separation permit'' requirement.
There are no changes in the criteria for obtaining or using a tail-
separation endorsement/permit.
This final rule also changes all references to Florida's
``Department of Natural Resources'' to the ``Department of
Environmental Protection'' to conform to the new/current name;
eliminates unnecessary language in the citations for rules in the
Florida Administrative Code; corrects the specific paragraphs in some
of those citations; corrects the address of the Regional Director,
NMFS; and adds a prohibition on making a false statement to an
authorized officer concerning the taking, catching, harvesting,
landing, purchase, sale, possession, or transfer of a spiny lobster.
The added prohibition is necessary for effective enforcement and
conforms the regulations to other fisheries regulations of the
Southeast Region, NMFS.
Classification
This final rule has been determined to be not significant for
purposes of E.O. 12866.
This final rule involves, but does not materially change, a
collection-of-information requirement subject to the Paperwork
Reduction Act, namely, applications for commercial vessel and tail-
separation permits. This collection of information was previously
approved by the Office of Management and Budget under OMB control
number 0648-0205. This requirement has a public reporting burden
estimated to average 15 minutes per response. Send comments regarding
this burden estimate or any other aspect of the collection of
information, including suggestions for reducing the burden, to Edward
E. Burgess, NMFS, 9721 Executive Center Drive N. St. Petersburg, FL
33702 and to the Office of Information and Regulatory Affairs, OMB,
Washington, DC 20503 (Attention: NOAA Desk Officer).
The Assistant Administrator for Fisheries, NOAA (AA), pursuant to
section 553(b)(B) of the Administrative Procedure Act (APA), finds (1)
for good cause, namely, that the conditions specified in the regulatory
amendment for eliminating the Federal vessel permit requirement clearly
have been met and a delay in removing this requirement would impose an
unnecessary expense on participants in the fishery, notice and advance
opportunity to comment on the elimination of the requirement for a
Federal vessel permit would serve no useful purpose and thus is
unnecessary and by imposing an unnecessary expense would be contrary to
the public interest; (2) it is unnecessary to provide notice and
advance opportunity to comment on the technical corrections and
revisions to the regulations because no useful purpose would be served;
and (3) it is unnecessary and would be contrary to the public interest
to provide notice and advance opportunity to comment on the prohibition
against making false statements to authorized officers because no
useful purpose would be served and the associated delay could impede
enforcement.
Under section 553(d)(1) of the APA, the provisions of the rule
which remove the requirement for a Federal vessel permit may be and are
being made immediately effective because they relieve a restriction.
With respect to the provisions of the rule which make technical
corrections and revisions, the AA pursuant to section 553(d)(3) delay
for 30 days their effectiveness because they do not affect compliance.
With respect to the provisions of this rule which add a prohibition
against making false statements to authorized officers, the AA pursuant
to section 553(d)(3) of the APA, finds that it would be contrary to the
public interest to delay for 30 days its effectiveness because it could
impede enforcement of the regulations.
List of Subjects in 50 CFR Part 640
Fisheries, Fishing, Reporting and recordkeeping requirements.
Dated: October 17, 1994.
Charles Karnella,
Acting Deputy Assistant Administrator for Fisheries, National Marine
Fisheries Service.
For the reasons set out in the preamble, 50 CFR part 640 is amended
as follows:
PART 640--SPINY LOBSTER FISHERY OF THE GULF OF MEXICO AND SOUTH
ATLANTIC
1. The authority citation for part 640 continues to read as
follows:
Authority: 16 U.S.C. 1801 et seq.
2. In Sec. 640.2, the definition of ``Regional Director'' is
revised to read as follows:
Sec. 640.2 Definitions.
* * * * *
Regional Director means the Director, Southeast Region, NMFS, 9721
Executive Center Drive N., St. Petersburg, FL 33702, telephone 813-570-
5301; or a designee.
* * * * *
3. In Sec. 640.4, the last sentence of paragraph (d) is removed and
paragraphs (a), (b) heading, (b)(1), (b)(2)(vi), and (b)(2)(viii)
introductory text are revised to read as follows:
Sec. 640.4 Permits and fees.
(a) Applicability--(1) Licenses, certificates, and permits--(i) EEZ
off Florida. For a person to sell, trade, or barter, or attempt to
sell, trade, or barter, a spiny lobster in or from the EEZ off Florida
or for a person to be exempt from the daily bag and possession limit
specified in Sec. 640.23(a) for such spiny lobster, such person must
have the licenses and certificates specified to be a ``commercial
harvester,'' as defined on November 30, 1992, in Rule 46-24.002(2),
Florida Administrative Code.
(ii) EEZ other than off Florida. For a person to sell, trade, or
barter, or attempt to sell, trade, or barter, a spiny lobster in or
from the EEZ other than off Florida or for a person to be exempt from
the daily bag and possession limit specified in Sec. 640.23(a) for such
spiny lobster, a Federal vessel permit must be issued to the harvesting
vessel and must be on board.
(2) Tail-separation permits. For a person to possess aboard a
fishing vessel a separated spiny lobster tail in or from the EEZ, a
tail-separation permit must be issued to the vessel and must be on
board.
(3) Corporation/partnership-owned vessels. For a vessel owned by a
corporation or partnership to be eligible for a Federal vessel permit
specified in paragraph (a)(1)(ii) of this section, the earned income
qualification specified in paragraph (b)(2)(vi) of this section must be
met by, and the statement required by that paragraph must be submitted
by, an officer or shareholder of the corporation, a general partner of
the partnership, or the vessel operator.
(4) Operator-qualified permits. A vessel permit issued upon the
qualification of an operator is valid only when that person is the
operator of the vessel.
(b) Applications for permits. (1) An application for a Federal
vessel and/or tail-separation permit must be submitted and signed by
the owner (in the case of a corporation, a qualifying officer or
shareholder; in the case of a partnership, a qualifying general
partner) or operator of the vessel. The application must be submitted
to the Regional Director at least 30 days prior to the date on which
the applicant desires to have the permit made effective.
(2) * * *
(vi) A sworn statement by the applicant for a vessel permit
certifying that at least 10 percent of his or her earned income was
derived from commercial fishing, that is, sale of the catch, during the
calendar year preceding the application.
* * * * *
(viii) If a tail-separation permit is desired, a sworn statement by
the applicant certifying that his or her fishing activity--
* * * * *
4. In Sec. 640.6, in paragraph (b)(2), the reference to
``Department of Natural Resources'' is revised to read ``Department of
Environmental Protection'', and paragraphs (a), (b) heading, and (b)(1)
introductory text are revised to read as follows:
Sec. 640.6 Vessel and gear identification.
(a) EEZ off Florida. (1) An owner or operator of a vessel that is
used to harvest spiny lobsters by traps in the EEZ off Florida must
comply with the vessel and gear identification requirements applicable
to the harvesting of spiny lobsters by traps in Florida's waters, as
specified on November 30, 1992, in Sections 370.14 and 370.142, Florida
Statutes, and in Rule 46-24.006 (3), (4), and (5), Florida
Administrative Code.
(2) An owner or operator of a vessel that is used to harvest spiny
lobsters by diving in the EEZ off Florida must comply with the vessel
identification requirements applicable to the harvesting of spiny
lobsters by diving in Florida's waters, as specified on November 30,
1992, in Rule 46-24.006(6), Florida Administrative Code.
(b) EEZ other than off Florida. (1) The owner or operator of a
vessel that is used to harvest spiny lobsters in the EEZ other than off
Florida, must meet the following vessel and gear identification
requirements:
* * * * *
5. In Sec. 640.7, paragraph (a) is revised and new paragraph (u) is
added to read as follows:
Sec. 640.7 Prohibitions.
* * * * *
(a) Sell, trade, or barter, or attempt to sell, trade, or barter, a
spiny lobster in or from the EEZ without a required license,
certificate, or permit, as specified in Sec. 640.4(a)(1).
* * * * *
(u) Make any false statement, oral or written, to an authorized
officer concerning the taking, catching, harvesting, landing, purchase,
sale, possession, or transfer of a spiny lobster.
Sec. 640.20 [Amended]
6. In Sec. 640.20, in paragraph (c)(1), the phrase ``Rules of the
Department of Natural Resources, Florida Marine Fisheries Commission,''
is removed.
7. In Sec. 640.21, paragraph (d) is revised to read as follows:
Sec. 640.21 Harvest limitations.
* * * * *
(d) Tail separation. The possession aboard a fishing vessel of a
separated spiny lobster tail in or from the EEZ is authorized only when
the possession is incidental to fishing exclusively in the EEZ on a
trip of 48 hours or more and a Federal tail-separation permit specified
in Sec. 640.4(a)(2) has been issued to and is on board the vessel.
8. In Sec. 640.22, paragraph (b)(3)(i) is revised to read as
follows:
Sec. 640.22 Gear and diving restrictions.
* * * * *
(b) * * *
(3) * * *
(i) For traps in the EEZ off Florida, by the Florida Division of
Law Enforcement, Department of Environmental Protection, as specified
on November 30, 1992, in Rule 46-24.006(7), Florida Administrative
Code; or
* * * * *
9. In Sec. 640.23, paragraph (c)(2) and the first sentence of
paragraph (d) are revised to read as follows:
Sec. 640.23 Bag and possession limits.
* * * * *
(c) * * *
(2) The vessel from which the person is operating has on board the
required licenses, certificates, or permits, as specified in
Sec. 640.4(a)(1).
(d) During the commercial and recreational fishing season specified
in Sec. 640.20(a), aboard a vessel with the required licenses,
certificates, or permits specified in Sec. 640.4(a)(1) that harvests
spiny lobster by net or trawl or has on board a net or trawl, the
possession of spiny lobster in or from the EEZ may not exceed at any
time 5 percent, whole weight, of the total whole weight of all fish
lawfully in possession on board such vessel. * * *
* * * * *
[FR Doc. 94-26193 Filed 10-18-94; 3:34 pm]
BILLING CODE 3510-22-W
